Playing On An English Site, Is It Forbidden?
But the ban on online gambling also refers to a problem of international jurisdiction. If a French player connects to an English site what legislation is he subject to? That of his country of residence or that of the country where he plays? It is all the difficulty of the law to decide. “The judge can declare himself concerned if the site is directed towards the French French-speaking public ”explains Anne-Marie Pecoraro. “ There are many sites where the judge cannot declare himself competent, for which he is not able to prove that the site is intended to address the French public. The language is therefore an index of the orientation of the site. A site translated into French is more likely to be apprehended by the French judge, but a Brazilian or Spanish site without a French-speaking page should not be declared outlawed. What the law does not say is precise whether players will be able to collect their winnings on these sites. Indeed, the bill indicates that it can prohibit “for a renewable period of six months, any movement or transfer of funds from natural or legal persons who organize prohibited gambling, betting or lottery activities. “For Thibaut Verbiest, a lawyer at the Paris and Brussels bars,” Anglo-Saxon sites will not be included in the list “provided to Internet users. The winnings cannot, therefore, be frozen if they come from a foreign site without pages translated into French. But ” this law is contrary to European law .” The lawyer considers that the French monopoly, which is based on the concepts of general interest and consumer protection, is indefensible.
A Monopoly That Ultimately Pays Little.
”The French state is the most aggressive croupier of all lotteries (scratching and drawing) ” denounces Me Verbiest. The argument aimed at the protection of the player appears as an alibi to preserve the interests of the gambling monopoly. La Française des Jeux achieves little more than 97% of its turnover on the lottery and only 3% on sports betting. . However, the disputes mainly concern sports betting. ” The FDJ is exerting enormous pressure not to question its monopoly,” said the lawyer. In addition, the liberalization of the sector would bring money to French territory: bookmakers will sponsor, pay to obtain licenses, all this represents money for France… ” A monopoly that the FDJ is not ready to give up. On March 29, a conference was to take place at the Luxembourg Palace on ” gambling ”. It was postponed to October. Some voices are already denouncing “ a policy of information locking, intended to appease the European Commission to preserve the national gaming monopolies at all costs. ”